Institutional and Political Sources of Legislative Change: Explaining How Private Organizations Influence the Form and Content of Consumer Protection Legislation

2014 ◽  
Vol 39 (04) ◽  
pp. 973-1005 ◽  
Author(s):  
Shauhin A. Talesh
Keyword(s):  
Dispute Resolution ◽  
Consumer Protection ◽  
Social Reform ◽  
Legislative History ◽  
Reform Legislation ◽  
Private Organizations ◽  
Political Alliances ◽  
Resolution System ◽  
Protection Legislation ◽  
The Impact

This article explores how private organizations influence the content and meaning of consumer protection legislation. I examine why California forced consumers to use a private dispute resolution system that affords consumers fewer rights, while Vermont adopted a state‐run disputing structure that affords consumers greater rights. Drawing from historical and new institutional theories, I analyze twenty‐five years of legislative history, as well as interviews with drafters of the California and Vermont laws, to show how automobile manufacturers weakened the impact of a powerful California consumer warranty law by creating dispute resolution venues. As these structures became institutionalized in the lemon law field, manufacturers reshaped the meaning of legislation. Unlike California, the political alliances in Vermont and a different developmental path led to a state‐run dispute resolution structure. I conclude that how social reform laws are designed and how businesses influence social reform legislation can increase or decrease the achievement of a statute's social reform goals.

E-Commerce and Dispute Resolution

2011 ◽  
pp. 239-254 ◽  
Author(s):  
Naoshi Takasugi
Keyword(s):  
Electronic Commerce ◽  
Dispute Resolution ◽  
Consumer Protection ◽  
Global Level ◽  
Applicable Law ◽  
Resolution System ◽  
Business Entities ◽  
International Transactions ◽  
Dispute Resolution System ◽  
New System

When a dispute arises from e-commerce involving parties located in different nations, the parties immediately face conflict-of-laws issues such as judicial jurisdiction, applicable law and extra-territorial effects of judgments. Taking into consideration that there is no unified conflicts law rules in the global level and, if any, the conflicts rules are usually based on the traditional international transactions, this paper tries to discuss the dispute resolution systems suitable for e-commerce, especially for computer information transactions. As the result of the discussion, it becomes clear that further enhancement of worldwide dispute resolution system suitable for e-commerce is desirable. In establishing a new system, the 1999 Guidelines for Consumer Protection in the Context of Electronic Commerce approved by OECD gives us much inspiration. It is essential to balance between small-middle sized business entities and consumers and between freedom and regulation.

Non-Adversarial Dispute Resolutions: Studying Of Japanese Non-Litigious Country And Society

2020 ◽  
Vol 7 (8) ◽  
pp. 188-201
Author(s):  
Nor’Adha Bt Abdul Hamid ◽  
Mohamad Hafifi Hassim ◽  
Tuan Nurhafiza Raja Abdul Aziz
Keyword(s):  
Content Analysis ◽  
Literature Review ◽  
Dispute Resolution ◽  
Case Studies ◽  
Small Scale ◽  
Global Trade ◽  
Resolution System ◽  
Complete Set ◽  
The Impact ◽  
Dispute Resolution System

In line with the changing of times, the transition from small-scale trade to global trade has invoked changes to the existing trade system to a more challenging one. This has made the impact being felt by the consumers. Users are getting more repressed in many forms of trade that are becoming more and more challenging besides testing the intellectual capabilities of consumers. The latest trading trend needs a change in its dispute resolution system to become more efficient and meet the demands of consumers and traders. The current trade scenario as well as the rise in matters of consumerism have made it crucial to outline a perfect and complete set of laws that is capable to protect the consumers’ rights and solve disputes that are usually arise in consumer-trader contract matters, that  is  sometimes unexpected. The laws formed can be beneficial if transparent and able to protect consumers involved in trade with traders, both nationally and internationally. This research aimed to discuss on the Japanese non-adversarial dispute resolutions which popularly known as non-litigious country and society. Being a library based-research, reference will be made to relevant authoritative texts, case studies, and applies the method of literature review through content analysis of documents. Overall, this paper finds that, without looking at the different theories introduced, until today, the Japanese still believe that disputes should not occur. If disputes do occur, the resolution is through a mutual resolution agreement contract. In this situation, they will give honest effort to compromise or resolution that they mutually agree upon.

scholarly journals Efektivitas Pengawasan Badan Penyelesaian Sengketa Konsumen pada Pencantuman Klausul Baku di Provinsi Dki Jakarta

2020 ◽  
Vol 2 (1) ◽  
Author(s):  
Rizky Darmawan ◽  
Mustolih Mustolih
Keyword(s):  
Dispute Resolution ◽  
Consumer Protection ◽  
Active Role ◽  
Empirical Approach ◽  
Protection Legislation ◽  
Technical Rules

This thesis aims to determine the effectiveness of the supervision of BPSK in the inclusion of the raw clause in DKI Jakarta province. And how the regulation related to the supervision of the inclusion of the raw clause set out in the decree of the Minister of Industry and Trade No. 350/MPP/KEP/12/2001 on the implementation of duties and authorities of consumer dispute resolution bodies. The type of research used in this study is Yuridis empirical. It is an empirical approach to analyzing the extent to which a regulation or legislation or law is effectively in effect, In this case the approach can be used to analyze qualitative. The result of this thesis research shows that BPSK DKI Jakarta Province has not been able to play an active role in supervising the inclusion of the raw clause according to the duties and authorities because there is no regulation related to the technical rules of the supervision of the raw clause in consumer protection legislation. Although not optimal in conducting the supervision of the standard clause, in this case the assemblies of BPSK DKI Jakarta can only interpret the authority stated in the consumer Protection law regarding the supervision of the inclusion of the raw clause. Although it is still in the fumbling stage and learn from cases that have been disputed by consumers in conducting supervision of the standard clause.

E-Commerce and Dispute Resolution

2009 ◽  
pp. 2514-2529
Author(s):  
Naoshi Takasugi
Keyword(s):  
Electronic Commerce ◽  
Dispute Resolution ◽  
Consumer Protection ◽  
Global Level ◽  
Applicable Law ◽  
Resolution System ◽  
Business Entities ◽  
International Transactions ◽  
Dispute Resolution System ◽  
New System

When a dispute arises from e-commerce involving parties located in different nations, the parties immediately face conflict-of-laws issues such as judicial jurisdiction, applicable law, and extra-territorial effects of judgments. Taking into consideration that there is no unified conflicts law rules in the global level and, if any, the conflicts rules are usually based on the traditional international transactions, this chapter tries to discuss the dispute resolution systems suitable for e-commerce, especially for computer information transactions. As the result of the discussion, it becomes clear that further enhancement of a worldwide dispute resolution system suitable for e-commerce is desirable. In establishing a new system, the 1999 Guidelines for Consumer Protection in the context of electronic commerce, approved by the OECD, gives much inspiration. It is essential to balance between small-middle sized business entities and consumers, and between freedom and regulation.

The Effects of Employment Protection legislationon Personnel Policies: A Review of Theoretical Modelsand Empirical results

2014 ◽  
pp. 126-140
Author(s):  
O. Mironenko
Keyword(s):  
Personnel Selection ◽  
Selection Criteria ◽  
Theoretical Models ◽  
Employment Protection ◽  
Empirical Results ◽  
Protection Legislation ◽  
Labour Contracts ◽  
Hiring And Firing ◽  
The Impact ◽  
Personnel Policies

Employers incur costs while fulfilling the requirements of employment protection legislation. The article contains a review of the core theoretical models and empirical results concerning the impact of these costs on firms’ practices in hiring, firing, training and remuneration. Overall, if wages are flexible or enforcement is weak, employment protection does not significantly influence employers’ behavior. Otherwise, stringent employment protection results in the reduction of hiring and firing rates, changes in personnel selection criteria, types of labour contracts and dismissal procedures, and, in some cases, it may lead to the growth of wages and firms’ investments to human capital.

Consumer Awareness, Consumer Protection, Service Quality and Loyalty: The Case of Long-term Insurance Consumers in Namibia

2019 ◽  
Vol 118 (8) ◽  
pp. 172-189
Author(s):  
Magreth B Tjizumaue ◽  
Krishna Govender
Keyword(s):  
Service Quality ◽  
Consumer Protection ◽  
Structural Equation ◽  
Insurance Industry ◽  
Business Practices ◽  
Consumer Awareness ◽  
Growth And Survival ◽  
Term Insurance ◽  
Protection Legislation

Due to the absence of appropriate Consumer Protection legislation in Namibia, there seems to be a lack of consumer protection, which may result in consumers being exploited. Since the literature reveals that Consumer Awareness, Consumer Protection, Service Quality and Customer Satisfaction influence Customer Loyalty, the aforementioned relationship was explored among consumers of long-term insurance products in Namibia. The researcher embedded the study in the Services Marketing and User’s Satisfaction/Dissatisfaction theory and developed a framework for creating a more aware consumer and thus contribute to the growth and survival of the long-term insurance industry in Namibia.  A survey was conducted using a questionnaire, among a judgmental sample of 407 long-term insurance consumers in Namibia and Structural Equation Modelling was used to analyse (eight) hypothesized relationships among the research constructs alluded to in the title of this study. In summary, it was ascertained that if the customers are fully aware (have sufficient knowledge of the products and their consumer rights), they will feel protected against unfair business practices. Furthermore, if they perceive having received quality services, they are more likely to be satisfied with the service provider and will therefore, remain loyal.

Анализ «Методики разработки нормативов допустимых сбросов веществ и микроорганизмов в водные объекты для водопользователей» в общем контексте водоохранного законодательства (в порядке обсуждения)

2020 ◽  
Author(s):  
I. Saakian ◽  
Aleksandr, Grigor’ev ◽  
E. Kravets ◽  
E. Rudakov ◽  
A. Faddeev ◽  
...  
Keyword(s):  
Water Quality ◽  
Water Bodies ◽  
Anthropogenic Factors ◽  
Water Protection ◽  
Best Available Technologies ◽  
Process Indicators ◽  
Water Users ◽  
Quality Of Water ◽  
Protection Legislation ◽  
The Impact

Выполнен анализ действующей редакции Методики разработки нормативов допустимых сбросов веществ и микроорганизмов в водные объекты для водопользователей , утвержденной приказом Минприроды России от 17 декабря 2007 г. 333, на предмет непротиворечивости и соответствия нормам водоохранного законодательства. Выявлена неопределенность применения Методики в условиях воздействия на качество воды природных и антропогенных факторов, не зависящих от конкретного водопользователя. Положения Методики противоречат принципам нормирования воздействия на водные объекты на основе наилучших доступных технологий, что было показано на примерах утвержденных технологических показателей содержания загрязняющих веществ в сточных водах различных отраслей промышленности. Анализ системы нормирования допустимых воздействий на водные объекты и географической дифференциации нормативов качества воды в пределах Российской Федерации вместе с системой целевых показателей качества воды также показал несоответствие Методики основным принципам водоохранного законодательства.The analysis of the current edition of the Methods of developing standards for permissible discharges of substances and microorganisms into water bodies for water users , approved by the Order of the Ministry of Natural Resources of Russia dated December 17, 2007 No. 333 for consilience and compliance with the regulations of the water protection legislation, is carried out. Uncertainty of the application of the Methods in the conditions of the impact of natural and anthropogenic factors that are independent of a specific water user on the quality of water has been identified. The provisions of the Methods contradict the principles of regulating the impact on water bodies based on the best available technologies shown on the examples of approved process indicators of the concentrations of various industrial pollutants in wastewater. An analysis of the system of regulating the permissible impact on water bodies and the geographical differentiation of water quality standards within the boundaries of the Russian Federation, together with the system of water quality targets, also showed that the Methods do not comply with the basic principles of the water protection legislation.

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